Legal Opinion
Securities & Exchange Commission v. Comserv Corp.
Court of Appeals for the Eighth Circuit
Decided July 24, 1990No. Nos. 89-5063, 89-5064PublishedCited by 3 opinions
1Opinion of the Court
SNEED, Senior Circuit Judge:
The Securities and Exchange Commission (SEC) appeals the district court decision awarding $195,496.85 in attorneys’ fees and expenses to Thomas A. Johnson under the Equal Access to Justice Act (EAJA). The SEC contends that it was “substantially justified” in bringing the underlying suit against Johnson. It also argues that Johnson did not “incur” fees within the meaning of EAJA because his attorneys’ fees ultimately may be or have been paid for by an insurance company.
Johnson cross-appeals, seeking a cost of living increase in the hourly rate used to calculate the…
2Cases cited19 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Hewitt v. HelmsSupreme Court of the United States · 1987
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Independent Federation of Flight Attendants v. ZipesSupreme Court of the United States · 1989
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3Cited by3 opinions
- Securities And Exchange Commission v. Comserv CorporationCourt of Appeals for the Eighth Circuit · 1990
- O'Rear v. American Family Life Assurance Co. of ColumbusDistrict Court, M.D. Florida · 1993
- Hitkansut LLC v. United StatesUnited States Court of Federal Claims · 2019